The Digital Asset Library contains images and data. By downloading, or otherwise making use of, any of the content on the website you expressly agree to be bound by the terms and conditions. The full terms and conditions of your license for the use of the digital assets is outlined below.
MAPTO reserves all rights in the content of the site.
- Terms and Conditions
- Grant of Licence
- Scope of Licence - Permitted Use of Digital Assets
- Prohibited Use of Digital Assets
- Intellectual Property
- Jurisdiction
- Warranties and Indemnity
- Links
- Cookies
- Termination
- Terms and Conditions
- This is a legal agreement between you ("you") and Mandurah & Peel Tourism Organisation (MAPTO). You should read this Agreement in its entirety before you download any digital asset appearing on this site ("Asset").
- MAPTO reserves all rights in the content of the site. MAPTO warrants that it has the permission of the copyright owners of the Digital Asset to enter into this agreement with you.
- MAPTO may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
- If you enter into this Agreement or if you purchase a licence to use an Asset in accordance with the terms of this Agreement on behalf of another person ("principal"), the licence granted and restrictions and limitations set out below apply to your principal as well as to you as a representative of your principal. Should you cease to be authorised to act on behalf of your principal, your principal may continue to operate under this Agreement.
- You warrant that you are authorised to enter into this Agreement and to purchase a licence to use any Asset pursuant to this Agreement. You hereby indemnify MAPTO for any loss, claim, damage or action arising as a result of any lack of authority to enter into this Agreement or to purchase a licence to use any Asset pursuant to this Agreement. You hereby indemnify MAPTO for any loss, claim, damage or action arising as a result of any breach of this Agreement committed by your principal.
- In this Agreement, "you" refers to and includes you, your principal and any third party as the context permits.
- Grant of licence
- MAPTO grants to you, and your principal if you are licensing on behalf of another person, a non-transferable and non-exclusive licence to use the Asset you have selected on the terms and conditions of this Agreement.
- Scope of Licence - Permitted Use of Digital Assets
- The Asset Material is supplied on a strictly non-exclusive basis and may be used only for the purpose described in your application and or as otherwise authorised by MAPTO.
- MAPTO shall use its best endeavours to supply to you such materials as you may require, to exercise the rights granted.
- The asset must be used for non-commercial purposes only (i.e. not intended to make a profit).
- The Asset must only be used to promote the destination (the Peel Region in Western Australia)*, and the specific location that it was taken. Any exceptions to this need permission from MAPTO.
- All images should be captioned with the location and credited to MAPTO and the image creator (noted in the description of the material).
- Asset use is only valid for the licence period of the asset (noted in the description of the material).
- Prohibited Use of Digital Assets
- Defamatory, libellous, scandalous, misleading, pornographic or otherwise unlawful use of the Asset is prohibited.
- The use of any logo or trademark appearing in the Asset must be used in a manner permitted by the logo or trademark owner. This licence does not grant any rights to use any logos or trademarks).
- You shall not copy (electronically or otherwise) the Asset except for the purpose described in your application and authorisation notification.
- You shall not alter, modify or adapt an Asset without the prior consent of MAPTO.
- You shall not disclose the Asset to any third party without the prior consent of MAPTO and you shall take all reasonable efforts to prevent the disclosure of the Asset to an unauthorised third party and/or the use of the Asset by an unauthorised third party.
- The rights and permissions granted to you under this Agreement are personal. Except as specifically provided in this Agreement, the Asset may not be assigned, transferred, sublicensed or re-sold or otherwise made available for use or distribution separately or detached from a product or web page.
- Asset must not be downloaded to create, establish or form any part of an online interactive stock photo library.
- Intellectual Property
- You acknowledge that the content on the site is subject to copyright and possibly other intellectual property rights. In these terms and conditions, content includes things that you may see, read, hear, download or access on or via the site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).
- Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person, to:
- sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the content in any way for any public or commercial purpose, other than that provided for by license, without our prior written consent; or
- otherwise infringe the intellectual property rights of any person in using the site or any content.
- Nothing you do on or in relation to the site will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights unless this is expressly stated.
- You agree that our marketing logo and our corporate logo are our trademarks. All rights in these trademarks are reserved by us. All other trademarks appearing on our site are the property of their respective owners.
- All rights to the Asset are owned by MAPTO and/or its creators and are protected by Commonwealth of Australia copyright laws, international treaty provisions and other applicable laws.
- MAPTO and the Asset's creator retain all rights not expressly granted by this Agreement.
- Jurisdiction
- This Agreement is governed by the laws of the State of Western Australia in the Commonwealth of Australia and each party hereby irrevocably submits to the non-exclusive jurisdiction of the Courts of Western Australia.
- Fees
- MAPTO grants to you a licence to use the Asset subject to the terms and conditions of this Agreement in consideration of the fee payable in respect of the Asset. The fee payable in respect of each Asset is as set out on this site.
- All fees and prices are subject to change at the sole discretion of MAPTO.
- All prices quoted on the site are in Australian dollars, unless otherwise indicated.
- Fees owing to MAPTO for the purchase of a licence to use an Asset will be deducted from your nominated bank account in accordance with the credit card details provided by you to MAPTO upon accessing this site.
- Payment of any fee or price owing to MAPTO for the purchase of a licence to use an Asset entitles you to use the Asset, subject to the terms and conditions of this Agreement.
- Agreement to purchase a licence to use the Asset shall be deemed to be concluded at the time at which you download the Asset from this site.
- Warranties and indemnity
- We attempt to keep the content of the site up to date. However, we do not warrant the accuracy or currency of the content.
- You acknowledge that the content on the site is liable to change at any time.
- MAPTO warrants the digital copy of the Asset in the form downloaded by you to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Asset. To the fullest extent permitted by law, MAPTO make no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranty as to the minimum or maximum amount of time during which this site shall be accessible to you, and/or any warranty as to whether or not you shall be able to instantaneously download any Asset from this site at all times. Some jurisdictions do not permit the exclusion of implied warranties, and you may have other rights which may vary from jurisdiction to jurisdiction.
- To the extent permitted by law, MAPTO shall not be liable to you, your principal or any other person or entity for any general, special, specific, direct, indirect, consequential, incidental or other damage or loss arising out of this Agreement or otherwise.
- You warrant that you will not access, view, download or attempt to download an Asset, datafile, or other material from this site which is in any way prohibited by or which breaches the laws of the jurisdiction in which you are currently situated and/or permanently reside and/or conduct business and/or intend to use the Asset.
- You hereby agree to indemnify MAPTO against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered, paid or incurred by MAPTO as a result of:
- you or your Principal's or any authorised person's use of an Asset, data file, or other material contained on this site;
- you or your Principal's or any authorised person's failure to fulfil any obligations imposed on you by this Agreement; or
- any other matter arising out of this Agreement.
- Use of the Asset must comply with all applicable laws, including, but not limited to, laws and regulations relating to currency and the law of moral rights.
- You warrant that you will not breach any of the author's moral rights in relation to the Asset as set out in this Agreement, whether in the course of reproducing in a material form, publishing, transmitting or exhibiting the Asset or otherwise.
- Links
- We have not reviewed all of the sites linked to this site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this site (including without limitation sites linked through advertisements or through any search engines). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. We do not accept any responsibility or liability for any claims arising out of the descriptions or information supplied to us.
- Cookies
- During your use of the site, we may issue to and request from your computer blocks of data known as "cookies". By using this site, you authorise us to issue such cookies to your computer. You must not alter any cookies sent to your computer from the site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the site.
- Termination
- The licence contained in this Agreement will terminate automatically without notice from MAPTO if you, or your Principal if you are licensing on behalf of another person, fail to comply with any provision of this Agreement.
- Upon termination you, or your Principal if you are licensing on behalf of another person, must immediately:
- stop using the Asset, and
- delete the Asset and all copies of it from all magnetic media and destroy all other copies or, upon the request of MAPTO, return all such copies to MAPTO.
- MAPTO reserves the right to discontinue the use of any Asset for any reason and to elect to replace the Asset with an alternate Asset. Upon notice from MAPTO of any discontinuance of a licence for a particular Asset, the licence to use the discontinued Asset contained in this Agreement will terminate and you, and/or your Principal agree not to use the Asset in the future in any manner or form whatsoever.
*The Peel Region is comprised of the Local Government Areas: City of Mandurah, Shire of Waroona, Shire of Murray, Shire of Serpentine Jarrahdale and Shire of Boddington.